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Reasons
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(영문) 수원지방법원평택지원 2020.07.15 2020가단51325
건물인도
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The Defendant, as the Plaintiff

(a) deliver the buildings listed in the separate sheet;

(b) Appendix 3,050,000 and Appendix 1, 2020.

Reasons

1. Basic facts

A. On February 13, 2019, the Plaintiff and the Defendant concluded a lease agreement with the Defendant, setting the lease deposit amount of KRW 18,300,000, monthly rent of KRW 2.5 million (excluding value-added tax), management fee of KRW 300,000, and period of lease from March 1, 2019 to February 28, 2021.

(hereinafter “instant lease agreement”). B.

From August 1, 2019, the Defendant did not pay rent and management expenses under the instant lease agreement. The Defendant paid 1,5250,000 won [=3,550,000 won [=3,000 won of value-added tax 2,50,000 won per month] of the rent and management expenses for five months during the instant lawsuit.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1-3 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the Plaintiff is entitled to terminate the instant lease agreement as the Defendant did not pay more than three times the rent under the instant lease agreement, and the fact that the instant complaint, which contained the intent to terminate the instant lease agreement, was served on the Defendant on February 21, 2020, is evident in the record. Thus, the instant lease agreement was lawfully terminated according to the Plaintiff’s right to terminate.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Defendant is obligated to pay to the Plaintiff the unpaid rent of KRW 3050,000,000 (i.e., six months from August 1, 2019 to January 31, 2020 less the amount of five months the Plaintiff received from the Defendant (i.e., the sum of rent and management fees for one month from August 1, 2019 to January 31, 202) and to pay the rent or unjust enrichment equivalent to the amount of KRW 3050,000,000 per month calculated from February 1, 2020 to the completion date of delivery of the instant building.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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